Legal Opinion

Funderburk v. Califano

District Court, W.D. North Carolina

Decided June 7, 1977No. C-C-77-54PublishedCited by 10 opinions

1Opinion of the Court

ORDER

McMILLAN, District Judge.

Julius Funderburk, plaintiff, filed this suit on February 25, 1977, under 42 U.S.C. § 405(g), for review of the final decision of the Secretary of the Department of Health. Education and Welfare denying him disability insurance benefits. The Secretary moved to dismiss the complaint on the grounds that it was not filed within sixty days of plaintiff’s receipt of notice of the Secretary’s final decision as required by § 405(g) and 20 C.F.R. § '422.210(c).

Plaintiff filed his claim for disability benefits on April 28, 1975. An administrative law judge denied the…

2Cases cited3 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Califano v. SandersSupreme Court of the United States · 1977
  3. Weinberger v. SalfiSupreme Court of the United States · 1975

3Cited by10 opinions

  1. Katherine K. BANTA, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1991
  2. John W. Biron v. Patricia Roberts Harris, Secretary of Health, Education and WelfareCourt of Appeals for the Sixth Circuit · 1982
  3. Janet Belczyk Cunningham v. Railroad Retirement BoardCourt of Appeals for the Third Circuit · 2004
  4. Cleto Rivera, Jr. v. Railroad Retirement BoardCourt of Appeals for the Ninth Circuit · 2001
  5. Richard Friddle v. Margaret Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Eighth Circuit · 1983

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API